..... clause 12 of the impugned notification dated 8-1-1949 was ultra virus section 7 of the delhilawsact1912 for, it means that the central government itself repealed the co-operative societies act1912 in extending the bombay act to delhi. according to the supreme court decision in the delhilawsact case even the legislature could not empower the government to do so. thereforee, his power could ..... the central legislature could, legislate for co-operative societies only in respect of the chief commissioner's province. but it was precisely to avoid this that section 7 of the delhilawsact, 1912 was enacted.(12) this situation is to be contrasted with the one obtaining in chander bhan v.. maha singh, where the subject of stamp duties was divided in all the ..... former and 'any enactment which is in force in a part a state' in the latter. (10) while the power given to the central government under section 7 of the delhilawsact, 1912, in general words has to be construed as being restricted to the extension of only those enactments which were in force in the province but were not in force in ..... now consider the contentions urged by the petitioner against the validity of the extension of the bombay co-operative societies act to delhi. (a)the authority of the central government to apply the bombay act to delhi was based on section 7 of the delhilawsact, 1912 which is as follows :- 'the provincial government may, by notification in the official gazette, extend with such restrictions and .....

..... the states. as observed by mukherjea j. in re the delhilawsact1912, etc. 1951-scr 747 at page 1001 (1) ' the policy behind the delhilawsact [as also behind the union territories (laws) act 1950] seems to be that in a small area like delhi which was constituted a separate province only recently and which ..... patanjali sastri, mukherjea, dass and bose jj) holding the, first part of section 2 of the part c states lawsact 1950 (which became the union territories (laws) act 1950 by adaptation in 1956) in the delhilawsact case was the. decision of the privy council in queen v. burah (5 1.a.578) (2) ..... to make partial changes without any radical alteration'. it would be quite reasonable to hold that the word 'modification' in section 7 of the delhilawact means and signifies changes of such character as are necessary to make the statute which is sought to be extend suitable to the local conditions of ..... the words 'restriction' and 'modification' and as they swung the balance their opinion must be accepted as the decision of the court in the delhilawsact because their opinion embodied the greatest common agreement among the seven judges. mukherjea j's opinion is already quoted above. the opinion of bose j ..... , at page 1124 of the delhilawsact (1) was as follows:- 'the power to 'restrict and modify' does not import the power to make essential changes. it is confined to .....

..... is why the rules framed thereunder suffer from the vice of excessive delegation as per the law laid down by the supreme court in delhilaws case (in re. article 143 of the constitution of india and delhilawsact (1912) etc.), air 1951 sc 332 and the subsequent deci-eions. we do not propose ..... terms :'regulation of mines and oilfields and mineral development to the extent to which such regulation and development under federal control is declared by federal law to be expedient in the public interest.' it corresponds to entry 53 in the union list of the constitution of india which reads thus ..... respectively would have to be refunded because the royalty amounts would have been recovered from the o. n. g. g. without any authority of law. a petition claiming such a relief which would have disastrous consequences on the revenues of the state government and which can create chaos cannot be entertained ..... tantamount to acquisition. counsel places reliance on section 299 of the government of india act of 1935 which provides that person shall be deprived of his property in british india save by authority of law and which provides that neither the federal nor a provincial legislature shall have power to ..... extent to which such regulation and development is declared by federal law to be expedient in the public interest is a subject on which the federal government and the federal legislature could legislate. the preamble to the oilfields act shows that it has been enacted inasmuch as it is considered .....

..... . therefore, the argument of the appellant grounded solely on the ration laid down in birla cotton mills case (supra) should fail.4. in re the delhilawsact, 1912, the ajmer-merwara (extension of laws) act, 1947 and the part c states (laws) act, 1950 (1951 scr 747 at 750), the main requirement of delegation of legislative power was explained by patanjali sastri, j. as follows:'it is ..... meaning may be attributed to the expression 'restrictions and modification', it would not affect the constitutionality of the delegating statute.'5. the abovesaid observations of this court in the said delhilaws' case (supra) have been consistently followed by this court in all the later cases. applying the said principles to the facts of this case, we must hold that the delegation ..... this section should also fail.7. the next argument of the appellant is in regard to section 7 of the amending act whereby the past collection of property tax made by the bda which was declared to be without authority of law by the high court is sought to be validated. in support of this contention the appellant submits that in the ..... on the delegation of legislative power to a subordinate unit is to be found in the indian councils act, 1861, or the government of india act, 1935, or the constitution of 1950. it is therefore as competent for the indian legislature to make a law delegating legislative power, both quantitatively and qualitatively, as it is for the british parliament to do so, provided .....

..... .71. in support of his contention he also referred us to the opinion expressed by this court in re: the delhilawsact, 1912, the ajmer-merwara (extension of laws) act, 1947 and the pan c states (laws) act, 1950 [1951] scr 747. for the reasons which follow, we are unable to accept this contention. in the first ..... article 143 it would be a serious inroad into the independence of judiciary.72. so far as the opinion expressed by this court in re the delhilawsact, 1912 (supra) is concerned, as the reference itself makes clear, what was referred was a doubt expressed by the president on the decision of the ..... hence it was not a case where the president had referred to this court for its opinion a decision which had become a law of the land. hence the case in re the delhilawsact, 1912 (supra) does not support the contention.73. the provisions of clause (2) of article 374 of the constitution also do not ..... since this court could not confer jurisdiction on a high court which was exclusively vested in the special judge under the provisions of the criminal law amendment act of 1952; (ii) the said directions deprived the appellant of his fundamental rights guaranteed under articles 14 and 21 of the constitution since the ..... of special judge, greater bombay and transferring the same to the high court of bombay in breach of section 7(1) of the criminal law amendment act, 1952 (which mandates that the offences as in the said case shall be tried by a special judge only) thereby denying at least one .....

..... amounts to delegation of legislative power outside the permissible limits is again without any merit. it was settled by the majority judgment in the - 'constitution of india and delhilawsact, 1912 etc', air 1951 sc 332(b) that essential powers of legislation cannot be delegated. in other words, the legislature cannot delegate its function of laying down legislative policy in respect ..... (see vasantlal maganbhai sanjanwala v. state of bombay : air 1961 sc 4. this court in another case, namely, municipal corporation of delhi v. birla cotton spg. and wvg. mills : air 1968 sc 1232 as also in an earlier decision in delhilawsact, 1912, in re air 1951 sc 332 has laid down the principle that the legislature must retain in its own hands the ..... essential legislative functions and what can be delegated is the task of subordinate legislation necessary for implementing the purposes and objects of the act concerned.25. xx xx xx xx26. the principle ..... problems, they often find it convenient and necessary to delegate subsidiary or ancillary powers to delegates of their choice for carrying out the policy laid down by the acts as part of the administrative law. the legislature has to lay down the legislative policy and principle to afford guidance for carrying out the said policy before it delegates its subsidiary powers in .....

..... applicability of the act to delhi. the repeal of the act in punjab does not automatically repeal the act as in force in delhi. mr. aggarwal conceded that ..... of mr. aggarwal has been that the punjab preemption act, 1913 (for short 'the act') has since been repealed by the punjab pre-emption (repeal) act, 1973, and as such the suit was incompetent. it is difficult to appreciate the argument of mr. aggarwal. the act was extended to the union territory of delhi under the delhilawsact, 1912 by a notification issued in may, 1939. repeal ..... of this act in punjab by the repealing act of 1973 would have no bearing on the ..... . the plaintiffs have thereforee, been able to prove the customs as alleged. in bhau ram's case (supra) the supreme court recognised the law of pre-emption as existing in delhi under section 57 of the evidence act all customs, general or otherwise have to be proved. there is, however, ample authority for the proposition that when a custom bad been repeatedly .....

..... v. state of u.p. : air1979all234 . reliance is also placed by the learned counsel on the decision in in re art. 143 constitution of india and delhilawsact (1912) etc. (air 1951 sc 332) and the decision in ezra v. mahendra nath banerji, ilr (1946) 2 cal 88. in sum, the learned counsel contended ..... resolution the same would be void in law. the learned counsel in this connection invited the attention of this court to the decision in t.p. daverv. lodge victoria : [1964]1scr2 . ..... by the executive committee. the learned counsel also contended that when one deals with the rules of the .society, registered under the societies registration act like a club, those rules will have to be strictly construed and if there is a violation of the rules in passing any order or ..... conclusion are in order.8. it is seen that the defendant club viz., the sadhashivanagar club is a society registered under the karnataka societies registration act. it is also seen that the club has framed rules for conducting its affairs. the rules relevant for consideration in the context of the questions ..... office of secretary. the learned counsel also argued that co.urts of law should be slow to restrain art elected. secretary from functioning. in this connection, the learned counsel placed reliance on the decision in delhi cloth and general mills co. ltd., delhi v. dharam singh : air1981delhi157 and the decision in syed mohd. .....

..... establishment of the said commission and boards, it is not possible to make selection of the teachers for the first few months.8. in the delhilawsact, 1912, the ajmer merwara (extension of laws) act, 1947 and the part c states (laws) act, 1950, : [1951]2scr747 this court had dealt with the power of modification and held thus:i will now deal with the power of modification ..... court directly and revenue took objection by pointing out that alternate remedy of appeal under section 35 of central excises & salt act (1 of 1944) was available. the petitioners contended that though the penultimate authority on facts and law functioning under the act i.e. cegat had taken contrary view, the revenue was blindly following the circulars and guidelines of cbec by ignoring ..... authority which has to decide the controversy after considering both sides. moreover, here, counsel for respondents fairly stated that the authorities acting under section 7-a discharge quasi judicial functions and the authorities are aware of the requirements of law in the matter. he further states that section 19-a already stands deleted and thereafter only section 7-a has been ..... noted above, and the question as to whether a particular employee does or does not fall within the coverage of the act and the scheme is for the authority to determine on the facts of the case having regard to the law which has been laid, down. an anticipatory restraint upon the, authority exercising its statutory functions is not warranted.thus, .....

..... delegated that power to an outside agency was bad. one of the questions which was referred to this court in delhilawsact case was whether section 7 of the delhilawsact, 1912 was ultra vires the legislature which passed that act. that section provided that the provincial government may by a notification extend with such restrictions and modifications as it thinks fit to the province of ..... delhi or any part thereof any enactment which is in force in any part of british india at the date of such ..... notification. the difficulty of discovering the ratio of the seven judgments delivered in the delhilawsact case is well-known. there is, however, no difference amongst the learned judges in their perception and understanding of what was actually decided in the three privy council cases to ..... legislature and is not independent of it as in the united states. the three privy council decisions to which we have referred above were considered by this court in re delhilawsact case, which is considered as a leading authority on the question of delegated legislation. the reference made in that case by the president under article 143(1) of the constitution .....